1991-262588
RECOROING REOUESTlD BY
~HENRECORDEDMAllTO
2052
DOC U: 1991-0262588
04-JUH-1991 11=44 AM
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
FEES' 0.00
r
Name
Street
Adjress
.. . I
San Dlegulto Water Dlst.
59 East "0" Street
Encinitas, Ca 92024
-
City&.
State
L
--1
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is hereby given thaI:
L The undersigned is owner or corporate officer of the owner of the interest or estate slated below in the property hereinafter descrilK!d:
2. Thefullnameoftheowneris____~_Dieg:uito Water Dis.trict__ ___
3. Thefulladdressoftheowneris_ _5J Eas~"D" Stree~ _________
___ Encini_ta~_ Ca 92024
4. The nature of the interest or estate of the owner is; In fee_
In Fee
---------------
(If other than fee, strike "I~ lee" and Insert, for elample, "p~rchaser under contract of purchase," or "lessee")
5, The full names and full addresses at all persons, if any, who hold title with the undersigned as loint tenants or as tenants in common are:
NAMES ADDRESSES
------ --- --------- ------------ ----
6 A work of improvement on the property hereinafter described was completed on ~ 21. 1991 __. The work done was:
Installation of water main and appurtenances
-----.~------
7. The name of the contractor, if any, for such work of improvement was ___ ____~_____
-----.C..ontinentpl Pacific I;>evelORment Comp_a~
(If no contractor for work 01 improvement as a whole, i~$ert "no~e".l (Date 01 Contract)
8. The property on which said work of improvement was completed is in the city of
Rnc-ini+i'I!:;
Countyof~n Di~_ _, State of Calitornia, and is described as follows:
rpn+p-r (Agreeme~~A~OO~_ APN 260-351-21
Cardiff Executive
-----------
9. The street address of said property is _ ~irm~ngham ~Newcastle
(If no street address has been ofllcrallyassigned,lnserl "none" J
Dated: M?lY 21, .1.9.9~_
Verification lor Individual Owner
Wcv.
c:bL
Signature of owner orcorporale 0 alo....ner
named in paragraph 2 or his agent
Warren H. Shafer, Secretary
VERIFICATION
I, the undersigned, say: I am the M;:'!ni'l Vre.L-O-:LSan ni Pg.ui:to Water Dist ._ the declarant of the foregoing
(" reSident 01", "Mana~er at", "A partner of", "Ow~er of", elc.)
notice of completion; I have read said notice of completion and know the conlenls thereof; the same is true of my own knowledge,
IdeclareunderpenallyofperjurythatlMeforegoingistrueandcorrect.
Executed on _ --.M~2~____
(Date 01 si~nJture,)
,19~, at~cinitas
w~h",,,g"dl
_,California.
(Personal signature of the individual who is swearin at the co~te~ts of
Ihe nolice 01 completion are true)
Warren H. Shafer, Secretary
NOTICEOFCO,",PL.ET'ON -WOLCCTTS FORM "'4 RE.. 6_74
Spt tjoeOf larger
AGREEMENT TO IMPROVE DEVELOPMENT-WATER FACILITIES
AGREEMENT # A-0004
THIS AGREEMENT is made and entered into this 14rn day of
July 19~, by and between San Dieguito Water District,
hereinafter called District, and r.arrH ff F.VP(,l1t-i VI" rf'>ntpr T trl
)/'-(~ j.,,;r\"'-5 J/IfV'f}'r f~ DR .
yv- Sf<-, /.J d
~(J .i1't#1t BCVrCff) c..-f\- q 1-0 7 s
(Owner's Name and Address)
hereinafter called Owner.
A. In the near future, Owner desires to install a water main
or mains and appurtenances to service his property.
B. District will own and operate such facilities, if
constructed in the manner set forth herein.
c. The parties desire, by this Agreement, to provide for the
construction and completion of such facilities.
NOW THEREFORE, it is agreed:
1. Owner hereby agrees, at his own cost and expense, to
furnish all labor, equipment, and material to perform and
complete, and within 365 days from the date of this Agreement
by District, to perform and complete in a good workmanlike
manner, according to the plans attached hereto and made a part
of this Agreement, and in accordance with other special
conditions noted in District Exhibit "B" on file at the office
of District and any other plans or specifications referred to
in this Agreement, the following subdivision improvements;
water facilities as shown on the attached plans and in
accordance with District's standard specifications and any
other plans or specifications referred to by this Agreement or
referred to in the attachments. (Exhibit nAil; Exhibit "B";
Improvement Security; Set aside Letter; and Certificate of
Insurance, etc.)
2. Owner agrees that the work shall be done by a Class
nAil or "C-34" licensed contactor, and that the work shall be
subj ect to inspection by and to the satisfaction of District
and the improvement shall not be deemed complete until approved
and accepted in writing by the District. The estimated cost of
said water facilities is the sum of Nineteen Thousand, nine
Hundred eiqhty-five and no/IDD dollars ($ 19,985 ).
Owner's obligation under this Agreement extends to the
- 1 -
completion of the improvements, as hereinabove set forth, and
is not limited by the amount of the cost estimate. Owner
further agrees that the cost estimate is an estimate only, not
intended to constitute liquidated damages or a limitation on
the obligations of Owner. District shall be allowed to inspect
the facilities during all stages of construction. District
shall be notified a minimum, of 48 hours prior to the
commencement of construction. After completion of the
facilities in accordance with the approved plans and
specifications, and not less than 35 days after the filing of a
"Notice of Completion" by District; the facilities shall be
considered as donated to District and shall be owned and
operated by District, if accepted by District. District will
not file a Notice of Completion unless they are free of
mechanic's liens. Owner shall furnish to District satisfactory
proof (ordinarily in the form of a title company report) that
no liens were filed against the project prior to the expiration
of the lien period.
3. Monuments and stakes previously installed which are
removed, altered, or destroyed prior to the completion of the
improvements and their acceptance by District shall be
installed by Owner within 30 days after such acceptance by
District.
4. Owner shall convey to District easements, using the
District Form of Easement covering the property in which the
water facilities are located at all instances where the
facilities are not located in a dedicated street. Owner shall
have his Engineer provide District with a legal description and
an 8 1/2" x lIlt plat of easements. The plat shall be a
reproducible transparency with Districts title block and shall
fully locate and describe the easement.
5. Owner shall pay to District, upon execution of this
Agreement, and prior to commencement of any work hereunder, the
amount of the cash deposit set forth in District Exhibit "a"
for engineering, construction inspection, right of way
expenses, materials furnished and for other District work and
spe~ial charges.
6. Owner shall, at Owner's expense, obtain all necessary
permits and licenses for the construction of the water
improvements and give all necessary notices and pay all fees
and taxes required by law.
7. The water facilites constructed by Onwer shall be
connected by Owner to the existing water lines of District in a
manner approved by District. If water facilities are
constructed in private streets, the streets shall be curbed
and/or constructed such that no damage to paving, structures or
- 2 -
landscaping will result from full flow fire hydrant testing or
from failure of Districts water facilities. The developer
and/or contractor shall submit a shutdown request to the San
Dieguito Water District at least seven calendar days in advance
of a shutdown. A detailed written procedure including a list
of personnel, name of supervisors and equipment to be used
shall also be submitted to the San Dieguito Water District.
The procedure, including personnel, supervisors and equipment,
must be approved by the San Dieguito Water District prior to
scheduling the shutdown. The District can cancel any
previously approved shutdown due to the weather and/or system
operation considerations. Filing of a Notice of Completion
shall not be accomplished until the following requirements have
been complied with:
a.) All work has been completed in accordance with the
plans and specifications, all gate wells have been
set flush with the street surface, and meter boxes
set to finish grade;
b.) A set of original plans (sepia prints), corrected to
conform with the work as constructed, has been
submitted to the District.
8. The water facilities shall be operated by District in
accordance with the rules and regulations of District. Meter
costs are not included in the estimated cost of water
facilities and shall be paid by Owner, in accordance with
District's rate schedule, as it from time-to-time exists.
Water for construction purposes will be provided in accordance
with District1s Rates and Rules and Standard Practices.
9. District shall not, nor shall any officer or employee
of District be liable or responsible for any accident, loss or
damage happening or occurring to the work or improvements
specified in this Agreement prior to the completion and
acceptance of the same, nor shall District, nor any officer or
employee of District, be liable for any persons or property
injured by reason of said work or improvements, but all of said
liabilities shall be assumed by Owner, who agrees to indemnify
and save harmless District and the officers and employees of
District from and against any and all claims, demands, losses,
costs, and causes of action of any nature, and any expense
incident to defense thereof (including attorney's fees), for
injury to or death of persons or damage to property arising out
of the construction of the water facilities. Owner further
agrees to protect District and the officers and employees of
District from all liability or claims because of, or arising
out of, the use of any patent or patented article in the
construction of said improvements. The Owner shall cause the
contractor to file with the District "certificates of
Insurance" indicating that the following coverage is in effect:
- 3 -
a.) An oriqinal certificate of insurance naming the San
Dieguito Water District as certificate holder and additionally
insured with a minimum public liability limit of $1,000,000 for
each occurrence and aggregate for combined bodily injury and
property damage.
10. District shall not, nor shall any officer or employee
of District, be liable for any portion of the expense of the
aforesaid work or for the payment of any labor or materials
furnished in connection therewith.
11. Owner shall furnish to District good and sufficient
security in the form of cash deposit, a letter of credit or
other security as approved by the District Engineer in the
amount of 150% of the estimated costs of improvements, to
assure faithful performance of this Agreement in regards to
said improvements.
12. District may make changes, alterations or additions
to the improvement plans and specifications, not to exceed 10%
of the original estimated costs of the improvements. Owner
shall provide additional security in a form satisfactory to the
District in an amount equal to 100% of the total estimated cost
of the improvements, as changed, altered or amended; this
amount may be adjusted by the amount of work completed and any
partial releases already made. All such changes, alterations,
or additions shall not relieve the Owner of his improvement
security given for the faithful performance of this Agreement.
13. In the event it is deemed necessary to extend the
time of completion of the work contemplated to be done under
this Agreement, said extension may be granted by District and
shall in no way affect the validity of this Agreement or
release the improvement security given for the faithful
performance of this Agreement.
14. Owner shall, and hereby does guarantee all work for a
period of one year after date of filing of a Notice of
Completion by District, and shall repair or replace any and all
such work, together with any other work which may be displaced
in so doing, that may prove defective in workmanShip and/or
materials within a one-year period from date of filing of a
Notice of Completion by District without expense whatsoever to
District, ordinary wear and tear, unusual abuse or neglect
excepted. District will give notice of observed defects with
reasonable promptness.
- 4 -
~ PARTNE.RSHIP ACKNOWLEDGMENT
,.~ ('~~~.
~1 State of - ~--V .:m
i, County of k'VI ~;
p
J::
~ q "\
'\:'
q<t
.
7130122
I
II
._.. OFFICIAL SEAL
MILAGROS llZAADI
NalaryPublk--CdJornll
IMDIEGOCOUIITY
.. -.... .. ".
II
I
STATE OF CALIFORNIA
COUNTY OF k-><- ~-o.o
--........
. ............-......
... "~'-'-~"', :
.. <,-,,----<, OF-'ClAlSf.<l,L
: fB\,,""*;~~~ JOS€P,INE E NEEB i
:\~,'~,:- -::,J;, N:-~.l"l ~ul'l c C~)llom':t .
... . . "y'" rc..p~-li"<f;~." .
. "-b-""" ,'.,;.- ::'.,'" 'r,,-,,,'" ..
"-":--,;,-,-'. S:";C'"",,,,'-'oun;'J ..
I '-' '-:;.- ~,'" C-...... .. ~ -:. "
-'. ,.m. t.xp. IVI"y 26,1990"
.~...~.o.,..o............. I
.-..
ACKNOWLWGr.lENT-~fPDralion_WoiC!Jtt. Form n2CA-~-R.,. 5-82
:[1982WOlCOnS,INC
}~.
"'=
On this thellfhday of M 19~beforeme,
;11; /~ /0..5 L' <-"-OJ (
the undersigned Notary Public, personally appeared
(vUe-At( e-/
L.
Lob",.,
,; personally known to me
j)I( proved to me on the basis of satisfactory evidence
to be the persan(s) who executed the within instrument on behalf of the
partnership, and acknowledged to me that the partnership executed it.
WITNESS my hand and official seal.
'~
Notary'~'''- .
NATIONAL i'IOTAAY ASSOCIATION' 23012 V<lmura Blvd. . P.O. Bo>< 452:5' _land Hills, CA 91364
},
On this <-2 S d day of
before me. the underSigned, Not
, in the year 19--Xi
nd for said Slate. personally appeared
,personally known 10 me
(or pro.ved to me on the basis of .~ct~ eVidx/~;k~O,,~ the person who executed the
W~)11J'1m~knlg~Jf-~.lt'flhe ~ ~1hereln named, afld acknowledged to me thaI
the l>erfl9 SF! executed1t.
WITNESSmYh"d"dOff~:ro7-'~L ct=~/4
Notary PubliC III and lor said Slate.
Owner shall notify District upon completion of repairs. In the
event of an emergency, District may make the repairs and Owner
shall be liable for all expenses incurred. In the event Owner
fails to comply with District I s request for correction within
one week after being notified in writing by District, District
is hereby authorized to proceed to have the defects repaired
and make good at the expense of Owner, who hereby agrees to pay
the cost and charges therefore, immediately upon demand. In
the event District elects to repair the defective work, such
action by District will not relieve Owner of the guarantees
provided in this paragraph.
15. Owner shall furnish to District good and sufficient
security, in the form of cash deposit, letter of credit or
other security as approved by the District Engineer to
District, in the amount of 25% of the estimated total cost of
the improvements, to secure Owner's guarantee and warranty for
a period of one year following the acceptance by District
against any defective design work or labor done or defective
materials furnished.
16. The plans provided for in this contract conform to
the current standards of the San Dieguito Water District. The
developer will be required to conform to the standards
applicable on the date upon which construction is commenced on
the development if construction is not commenced within six
months of the date of the execution hereof by the San Dieguito
Water District.
17. OWner agrees to install water improvements as called for
on signed improvement plans.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed the day first above written.
SAN DIEGUITO WATER DISTRICT
OWNER/DEVELOPER
CARDIFF EXECUTIVE CENTRE, LTD
W~+I ~
~j.dw./ ~
Ge-. r,~~
/
- 5 -
EXHIBI'f "B"
Project Name:
Date:
Birmingham Drive
APN 260-351-21
July 14, 1989
A-0004
1. The Owner/Developer to provide for the installation of the
below listed water facilities.
2. No facilities will be installed prior to the execution of
agreement to improve development water facilities.
3. No facilities will be installed prior to the acceptance by
the District of: (a.) Instrument of Credit (b.) Certificate
of Insurance.
4. Improvement plans shall not be signed as approved by the
District, prior to the stipulations spelled out in Paragraphs
1 through 4, with the exception of fees and deposits
designated by the asterisk (*) which are required prior to
installation/construction.
5. Developer to provide for compaction testing per requirements
of San Dieguito Water District.
6. Developer to provide for construction staking and surveying
for the proposed water facilities.
7. Cardiff Executive centre~ install the water facilities
Developer/Owner's Name listed in Paragraph 8.
8.
INSTALLATIONS: 347 L.P. Trench resurfacinq
a.) 347 T,.F_ fl" ~-gOO, rnnnp~~innR & ~pp ~
b.) (2) 811 Gi'lt:P- Vi'llvp-s $
c.) (1) 12" Hot Tap $
d.) (1) 8x8x4 Tee $
e.) (1) 2" & (1) 1" Water Service $
f.) (1) Air Release $
g.) 811 Water main connection $
Total Estimate: $
3,817
R,1?R
1 ,'160
1,500
400
1,580
1,200
1,600
19,985
9 . IMPROVEMENT SECURITY:
a.) Improvement of Security, 150% $ 29,978
10. ENGINEERING COSTS:
$ -O-
Il. HETER FEES: (METER & CAPACITY)
a.) (1) 2" Meter $ 4.520
b. ) (1) 1" Meter $ 1.910
c.) $
d.) $
e. ) $
Total Meter Fees: $ 6,430 *
Page 1 of 2
EXHIBIT "B"
12.
CAPACITY FEE: (BACKFLOW
a.) 4" Fire Sprinkler
b.)
& FIRE
SPRINKLER ONLY)
$ 1. 265
$
$
Total Capacity Fee:
1,265
*
13.
CAPACITY
a.) 5/8"
b. )
c.)
CREDIT: (OFFSETS NEW
Meter (Final & Stock)
Total Capacity Credit:
CAPACITY FEES
#010511402$
$
$
$
ONLY)
1,250
14.
INSPECTION:
(ESTIMATE DEPOSIT)
$
1,250
1,608
*
*
15.
DEPOSITS & FEES:
Engineering Costs
Meter Fees
Capacity Fees
Capacity Credit
*Total Estimated
$
$
$
$
Deposits
1,608
-0-
6,430
1 265
< 1;2511>
& Fees Required:$
8,053
16. The above figures for deposits are estimates only and may
vary accordingly. Upon completion of installation, cost
will be computed and billing or refund will be issued to
your firm.
17. In the event the 90-day period elapses from date of
Exhibit "B", the above estimated deposits and fees must be
revised and are subject to the condition of agreement with
San Dieguito Water District.
18. Contractor is responsible for consumer side connection of
proposed project meters. The District shall furnish
consumer ball valves as part of Item 11.
19. Easements, in the form used by the District, for the new
water facilities will be executed by the developer and be
recorded prior to the water facility installation/
construction and filing of the subdivision map.
ACCEPTANCE
SAN DIEGUITO WATER DISTRICT
~~~~
OWNER/DEVELOPER
CARDIFF EXECUTIVE CENTRE, LT,'~
/Z1~'-..dJ;/ ;;U~ /
<5---,.. p ,J-.-.-
Page 2 of 2
CAT. NO. NN00627
TO 1944 CA 19-84)
.. TICOR TITLE INSURANce
(Individual)
t
STATE OF CALIFORNIA .
COUNTY OF S~ V / e~o
On 1lPcz""",k>e-1 S / Iq~
said State, personally appeare~ i~ ~ ~j)
}ss
Notary Public in and for
before me, the und~rsigned, a
C-. t::'~ a,....1..::v
L. Lob,qr1
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person.,2.whose name' ~SUb~othe
within instrument and acknowledged that exe-
cuted the same.
WITNESS my hand and official seal.
.
.
.
%
.
"
.
<
.
.
:-._.....+-+-~.._._--......
.~:--::,~'" QFfiCiALSEAl 1
1 {::.::l~,,;; NANCY KROLICK ·
~ !-.'f6~~~:N()'AP'! Fl'SLlt,_r.f,LIFDRN1,,1
(. '._ ;i"~c,~tt:. ''P''.'' 'I'" 0" '''[ .r. .
:_ \~~:::___ ..; 'c';:;;;"-'_:-Ji';;':~"TY :
1 !;~j ,_:,'.,; "c~ E.~:i:". bill. 1990 t
. ,.~......~:v.,.;.....~.:
~
Sign"U'~;;~
(This area for official nOIllrial seal)
s. DIEGUITO WATER DISTRICT
WATER IMPROVEMENTS SECURITY OBLIGATION AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
h t 1/ CONTINENTAL PACIFIC DEVELOPMENT COMPANY
T a we '
Principal, are held and firmly bound unto the San Dieguito
Water District, a irrigation district, in the city of
Encinitas, County of San Diego, state of California, in the sum
of Twenty Nine Thousand Nine Hundred .
($ .00 ) in the form of letter of credit
on deposit with the District Treasurer and to be held by it
until this obligation becomes void and if any of the
conditions herein are breached, to be applied by the San
Dieguito Water District to satisfy any damages suffered and
pursuant to the provisions recited hereinafter.
The condition of the foregoing obligation is such that
whereas the above-named Principal has agreed pursuant to
"Agreement To Improve Development-Water Facilities" No.
A-0004
, dated July 14, 1989 a copy of which
is attached hereto, 2io dl'fl'v~de R,ertat!;\ improvements for the
property known as ar xecu ]. ve entr~ and is
required by said agreement to give the District a security to
guarantee the performance and completion of said improvements:
NOW, THEREFORE, if the said Principal shall well and truly
perform all the work specified in said agreement, then this
obligation shall be null and void, otherwise to remain in'"full
force and effect. In addition, this security shall be
conditioned upon the Principal's full compliance with all terms
and conditions of the required city of Encinitas Engineering
Permit including any condition specifying a time limit: and
further conditioned upon full compliance with all provisions of
the ordinances and standards of the city of Encinitas and San
oieguito Water District.
IN WITNESS
his hand, this
WHEREOF, the
5~ day of
said Principal has hereunto set
De c..<eM.. ben, 19 ('l0{ .
, -
~7~
14 Lomas Santa Fe Drive
Sui te 100
Solana Beach, CA 92075
Principal Michael L. Loban
140 Lomas Santa Fe Drive, Suite 100
Business Address
Solana Beach, CA 92075
Sec/3/29/89
SAN DIEGUITO WATER DISTRICT
AGENDA REPORT
Meetinq Date: July 25. 1989
To~warren H.
From: A-~osePh V.
\J.ICl~ictor R.
Shafer, General Manager
Palmer,
Graves,
Operations Manager
Engineering & Planning Supervisor
District Engineer~
Via:
Morton F. AUgust,
Date:
July 14 I 1989
Subject: "Agreement to Improve Development - Water Facilities"
for Cardiff Executive Center, Ltd.
BACKGROUND
On November 28, 1988, Cardiff Executive Center Ltd., received
approval by the city of Encinitas per Resolution C-88046, to
build an office complex at 120 Birmingham Drive.
This project will front Birmingham Avenue, which does not
presently have a water main serve it. In order to meet project
requirements, a new water main will need to be installed in
Birmingham, extending from Newcastle Avenue to San Elijo
Avenue.
DISCUSSION
After reviewing the present field operations workload, staff
feels that using District personnel for this project would not
only create a hardship on normal operations, but also leave us
short handed if an unexpected emergency occurred. For this
reason, the District has requested the Owner/Developer to enter
into an "Agreement" with the District to provide a properly
licensed contractor to install the water improvements under
District inspection. After completion of the facilities in
accordance with the approved plans and specifications, the
water pipelines will then be owned and operated by the
District.
The District has been provided with the required information
for this commercial site. The Developer agrees to bear all
costs for improvement and abide by District Specifications.
RECOMMENDATION
It is recommended that the San Dieguito Water District Board of
Directors authorize the Manager to enter into an "Agreement to
Improve Development - Water Facilities" with Cardiff Executive
Center, Ltd.